Were you injured, or did you become ill while on the job and had to seek medical attention? Are you unable to work due to a work-related illness or injury? If so, you don’t need to add worry about your health or your finances to your situation. You could be entitled to benefits under your employer’s worker’s compensation policy, but getting the full benefits you deserve can often be challenging without legal help.
Contact an experienced Charleston workers’ compensation attorney at Crantford Meehan for help getting the workers’ compensation benefits you deserve.
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South Carolina Workers’ Compensation laws allow for you to potentially receive three main types of benefits: medical, lost wages, and permanent disability.
Many of our clients were the victims of a bicycle-car collision. They’ve asked us many questions over the years, and the following are answers to the ones we hear most often.
Most Charleston employers have workers’ compensation insurance as required by South Carolina law. This insurance provides benefits to employees who become ill or injured while performing their work duties. The benefits compensate workers for lost wages, as well as related medical bills.
To receive a settlement from your employer’s insurance company, you need to notify your employer in writing that you were injured or got sick at work or doing something related to work. You should also request to receive medical treatment at that time.
You have 90 days to submit your written notice to your employer, but up to two years to actually file the workers’ compensation claim. Under South Carolina law, you do not have to “prove” that your employer did something wrong to cause your injury or illness, just that it occurred while you were at work or doing something related to your work.
Your employer then reports your illness or injury to the South Carolina Workers’ Compensation Commission. If they don’t, you will have to file a claim with the Commission yourself.
Get medical care at the scene, if available, and see your doctor for an examination as soon as possible. The court requires a doctor’s diagnosis for compensation to pay medical bills and make up for lost wages.
You may be eligible for compensation after a bike accident. A skilled personal injury attorney can help you decide what actions you should take next.
In South Carolina, you must file a personal injury claim for your bicycle crash within three years after the accident.
Often, the driver who hit you will be at fault for your accident. However, there could be extenuating circumstances. If you were hit by a bus, and the bus was run by a government entity, it might be possible to sure the county/city/state for your injuries. If your injuries were caused by the collapse of a bridge, you might be able to sue the designers, manufacturers, or group responsible for maintaining the bridge.
South Carolina law does not require cyclists to wear protective gear, so you could still be eligible to seek fair compensation, even if you weren’t wearing a helmet at the time of the accident.
Once you or your employer file a claim and the insurance company offers you a settlement, you do not have to accept the insurance company’s settlement offer. You may deserve to get more than what they are offering you. You need a qualified and experienced Charleston workers’ compensation attorney who knows the workers’ compensation laws inside and out so that you get the compensation you deserve.
If the insurance company denied your claim, you will need to file an appeal. This may require you to testify at a hearing before the workers’ compensation commissioners. You need someone who has successfully fought these insurance companies before and won appeals who can help you prepare to testify. The insurance company works for your employer, not for you. At Crantford Meehan, you will have an experienced legal team fighting only for you so that you get the compensation that you deserve.